论刑事诉讼职能管辖冲突

职能管辖冲突主要包括单一冲突与复合冲突.单一冲突,是指立案管辖交叉冲突,本来应由某机关立案管辖的案件却由另一机关侦查终结并移送起诉,包括公安机关与检察机关之间的管辖冲突、人民法院与公安机关之间的管辖冲突.复合冲突,是指两个或两个以上的公安司法机关对一人所犯数罪具有交叉管辖权.另外,管辖冲突还会带来附随问题,如羁押期限的计算和强制措施的变更.

On Functional Jurisdiction Conflicts in Criminal Procedure

Functional jurisdiction conflicts mainly include unitary conflict and complex conflicts.Unitary conflict refers to the crossing conflict of jurisdiction over placing cases on file.The case which should be under a unit's jurisdiction,but, it actually has been investigated by another department and transfers to the prosecution.It includes the conflict of jurisdiction over placing cases on file between public security unit and prosecution,people's court and public security unit.The complex conflict refers to two or more public security judicial units which have the cross jurisdiction on a criminal who commits several crimes.Moreover,the jurisdiction conflict also brings the incidental questions,for example,the calculation of the time limit for detainment and the change of the compulsory measure.